PAHELWAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Four appellants in this appeal are (1) Pahalwan Singh (2) Shiv Pal Singh (3) Gyan Singh and (4) Mahendra Singh alias Middi Singh, who have preferred this appeal against the judgment and order dated 31-1-1981 passed by Sri L.S.P. Singh, I Additional Judge, Kanpur in Sessions Trial No. 264 of 1979. All of them have been convicted under Section 302, I.P.C. read with Section 34, I.P.C. and sentenced to life imprisonment.

(2.) A brief resume of the facts is necessary. The appellants Shiv Pal Singh and Gyan Singh are real brothers and they are first cousins of the appellant Pahalwan Singh. The fourth appellant Mahendra Singh alias Middi Singh was an eyewitness in the case of the murder of Ram Prasad, father of the appellant Pahalwan Singh. The deceased of the present incident was Jai Ram whose son PW 2 Ram Autar - informant is. For the murder of Ram Prasad (father of the appellant Pahalawan Singh), the deceased Jai Ram, his son informant - PW 2 Ram Autar, nephew Shambhu and two others, namely, Babu Lal and Balwan Singh were prosecuted. All of them were convicted and sentenced. They had preferred an appeal before the High Court and had been enlarged on bail. At the time of the present occurrence, the deceased Jai Ram and PW 2 Ram Autar were enjoying their liberty, being on bail.

(3.) The present incident took place in the midnight of 6/ 7/08/1979 in village Bamhrauli Ghat, PS. Moosanagar, district Kanpur. The deceased as well as the appellant resided in the said village. The report of the incident was lodged by PW 2 Ram Autar at 4 a.m. In the fateful night, the deceased Jai Ram was sleeping on a cot in front of his house. His two nephews-Jaswant Singh and Jantar Singh were sleeping on another cot nearby. Babuji, brother of the deceased Jai Ram was sleeping in front of his house at a little distance from the cot of deceased Jai Ram. PW 2 Ram Autar, informant, son of the deceased was sleeping inside the house, but the cot on which the deceased Jai Ram was sleeping was visible from inside the house as there was no intervening door to block the view. At about midnight, Pahalwan Singh and Gyan Singh armed with Bankas and accused Mahendra Singh alias Middi Singh and Shiv Pal Singh armed with Pharsas appeared there and surrounded the cot of the deceased Jai Ram. Pahalwan Singh and Gyan Singh started assailing Jai Ram with their Bankas while the remaining two Shiv Pal Singh and Mahendra Singh alias Middi Singh kept standing with Pharsas nearby. The cries of Jai Ram awaken Jaswant Singh, Jantar Singh, Babuji, Ram Autar and others. Ram Autar rushed out to save his father, but Pahelwan Singh pointed his Banka towards him and threatened to kill him if he dared to proceed further. He also stated aloud that he had taken the revenge of the murder of his father and if he wanted, he, too, could settle his scores. After murdering Jai Ram, the appellants took to their heels.